Illinois Compiled Statutes
Chapter 740 - CIVIL LIABILITIES
740 ILCS 10/ - Illinois Antitrust Act.

(740 ILCS 10/1) (from Ch. 38, par. 60-1)
Sec. 1.

This Act shall be known and may be cited as the Illinois Antitrust Act.

(Source: Laws 1965, p. 1943.)
 
(740 ILCS 10/2) (from Ch. 38, par. 60-2)
Sec. 2.

The purpose of this Act is to promote the unhampered growth of
commerce and industry throughout the State by prohibiting restraints of
trade which are secured through monopolistic or oligarchic practices and
which act or tend to act to decrease competition between and among persons
engaged in commerce and trade, whether in manufacturing, distribution,
financing, and service industries or in related for-profit pursuits.

(Source: Laws 1965, p. 1943.)
 
(740 ILCS 10/3) (from Ch. 38, par. 60-3)
Sec. 3.

Every person shall be deemed to have committed a violation of this
Act who shall:
(1) Make any contract with, or engage in any combination or conspiracy
with, any other person who is, or but for a prior agreement would be, a
competitor of such person:
a. for the purpose or with the effect of fixing, controlling, or
maintaining the price or rate charged for any commodity sold or bought by
the parties thereto, or the fee charged or paid for any service performed
or received by the parties thereto;
b. fixing, controlling, maintaining, limiting, or discontinuing the
production, manufacture, mining, sale or supply of any commodity, or the
sale or supply of any service, for the purpose or with the effect stated in
paragraph a. of subsection (1);
c. allocating or dividing customers, territories, supplies, sales, or
markets, functional or geographical, for any commodity or service; or
(2) By contract, combination, or conspiracy with one or more other
persons unreasonably restrain trade or commerce; or
(3) Establish, maintain, use, or attempt to acquire monopoly power over
any substantial part of trade or commerce of this State for the purpose of
excluding competition or of controlling, fixing, or maintaining prices in
such trade or commerce; or
(4) Lease or make a sale or contract for sale of goods, wares,
merchandise, machinery, supplies, or other commodities, or services (including
master antenna television service),
whether patented or unpatented, for use, consumption, enjoyment, or resale,
or fix a price charged thereof, or discount from, or rebate upon, such
price, on the condition, agreement, or understanding that the lessee or
purchaser thereof shall not use or deal in the goods, wares, merchandise,
machinery, supplies, or other commodity or service (including cable television
service or cable television relay service), of a competitor or
competitors of the lessor or seller, where the effect of such lease, sale
or contract for such sale or such condition, agreement, or understanding
may be to substantially lessen competition or tend to create a monopoly in
any line of commerce; or
(5) Being an employee, officer or agent of any foreign government,
or an employee, officer or agent of a corporation or other entity which does
business with or seeks to do business with any foreign government or instrumentality
thereof; enforce, attempt to enforce, agree to or take action to forward the aims
of, any discriminatory practice by the foreign government which is based on race,
color, creed, national ancestry or sex or on ethnic or religious grounds, where such
conduct, course of conduct, or agreement takes place in whole or in part within
the United States and affects business in this State.

(Source: P.A. 82-219.)
 
(740 ILCS 10/4) (from Ch. 38, par. 60-4)
Sec. 4.
As used in this Act, unless the context otherwise requires:
"Trade or commerce" includes all economic activity involving or relating
to any commodity or service.
"Commodity" shall mean any kind of real or personal property.
"Service" shall mean any activity, not covered by the definition of
"commodity," which is performed in whole or in part for the purpose of
financial gain.
"Service" shall not be deemed to include labor which is performed by
natural persons as employees of others.
"Person" shall mean any natural person, or any corporation, partnership,
or association of persons.

(Source: P.A. 83-516.)
 
(740 ILCS 10/5) (from Ch. 38, par. 60-5)
Sec. 5.
No provisions of this Act shall be construed to make illegal:
(Source: P.A. 100-592, eff. 6-22-18; 100-863, eff. 8-14-18; 101-81, eff. 7-12-19.)
 
(740 ILCS 10/6) (from Ch. 38, par. 60-6)
Sec. 6.

Every person who shall knowingly do any of the acts prohibited by
subsections (1) and (4) of Section 3 of this Act commits a Class 4
felony and shall be punished by a fine not to exceed $1,000,000 if a corporation,
or, if any other person, $100,000.
(1) The Attorney General, with such assistance as he may from time
to time require of the State's Attorneys in the several counties shall
investigate suspected criminal violations of this Act and shall commence
and try all prosecutions under this Act. Prosecutions under this Act may
be commenced by complaint, information, or indictment. With respect to
the commencement and trial of such prosecutions, the Attorney General
shall have all of the powers and duties vested by law in State's
Attorneys with respect to criminal prosecutions generally.
(2) A prosecution for any offense in violation of Section 6 of this
Act must be commenced within 4 years after the commission thereof.
(3) The Attorney General shall not commence prosecutions under this
Act against any defendant who, at the time, is a defendant with regard
to any current pending complaint, information or indictment filed by the
United States for violation, or alleged violation, of the Federal
Anti-Trust Statutes (including but not being limited, Act of July 2,
1890, Ch. 647, 26 U.S.Stat. 209, 15 U.S.C.A., Secs. 1-7; Act of Oct. 15,
1914, Ch. 323, 38 U.S.Stat. 730, 15 U.S.C.A. Secs. 12-27, 44; Act of
August 17, 1937, Ch. 690, Title VIII, 50 U.S.Stat. 693, 15 U.S.C.A. Sec.
1; Act of July 7, 1955, Ch. 281, 69 U.S.Stat. 282, 15 U.S.C.A. Secs.
1-3; Act of May 26, 1938, Ch. 283, 52 U.S.Stat. 446, 15 U.S.C.A. Sec.
13-C; and any similar Acts passed in the future) involving substantially
the same subject matter.

(Source: P.A. 83-238.)
 
(740 ILCS 10/7) (from Ch. 38, par. 60-7)
Sec. 7. The following civil actions and remedies are authorized under
this Act:
(1) The Attorney General, with such assistance as he may from time
to time require of the State's Attorneys in the several counties, shall
bring suit in the Circuit Court to prevent and restrain violations of
Section 3 of this Act. In such a proceeding, the court shall determine
whether a violation has been committed, and shall enter such judgment as
it considers necessary to remove the effects of any violation which it
finds, and to prevent such violation from continuing or from being
renewed in the future. The court, in its discretion, may exercise all
powers necessary for this purpose, including, but not limited to,
injunction, divestiture of property, divorcement of business units,
dissolution of domestic corporations or associations, and suspension or
termination of the right of foreign corporations or associations to do
business in the State of Illinois.
(2) Any person who has been injured in his business or property, or
is threatened with such injury, by a violation of Section 3 of this Act
may maintain an action in the Circuit Court for damages, or for an
injunction, or both, against any person who has committed such
violation. If, in an action for an injunction, the court issues an
injunction, the plaintiff shall be awarded costs and reasonable
attorney's fees. In an action for damages, if injury is found to be due
to a violation of subsections (1) or (4) of Section 3 of this Act,
the person injured shall be awarded 3 times the amount of actual damages
resulting from that violation, together with costs and reasonable
attorney's fees. If injury is found to be due to a violation of
subsections (2) or (3) of Section 3 of this Act, the person injured
shall recover the actual damages caused by the violation, together with
costs and reasonable attorney's fees, and if it is shown that such
violation was willful, the court may, in its discretion, increase the
amount recovered as damages up to a total of 3 times the amount of
actual damages. This State, counties, municipalities, townships and any
political subdivision organized under the authority of this State, and
the United States, are considered a person having standing to bring an
action under this subsection. The Attorney General may bring an action
on behalf of this State, counties, municipalities, townships and other
political subdivisions organized under the authority of this State to
recover the damages under this subsection or by any comparable Federal
law.
The Attorney General may also bring an action in the name of this State, as parens patriae on behalf of persons residing in this State, to recover the damages under this subsection or any comparable federal law. The powers granted in this Section are in addition to and not in derogation of the common law powers of the Attorney General to act as parens patriae.
No provision of this Act shall deny any person who is an indirect purchaser
the right to sue for damages. Provided,
however, that in any case in which claims are asserted against a defendant
by both direct and indirect purchasers, the court shall take all steps
necessary to avoid duplicate liability for the same injury including transfer
and
consolidation of all actions. Provided further that no person shall be authorized to maintain a class
action in any court of this State for indirect purchasers asserting claims
under this Act, with the sole exception of this State's Attorney General, who may maintain an action parens patriae as provided in this subsection.
Beginning January 1, 1970, a file setting out the names of all
special assistant attorneys general retained to prosecute antitrust
matters and containing all terms and conditions of any arrangement or
agreement regarding fees or compensation made between any such special
assistant attorney general and the office of the Attorney General shall
be maintained in the office of the Attorney General, open during all
business hours to public inspection.
Any action for damages under this subsection is forever barred unless
commenced within 4 years after the cause of action accrued, except that,
whenever any action is brought by the Attorney General for a violation
of this Act, the running of the foregoing statute of limitations, with
respect to every private right of action for damages under the
subsection which is based in whole or in part on any matter complained
of in the action by the Attorney General, shall be suspended during the
pendency thereof, and for one year thereafter. No cause of action
barred under existing law on July 21, 1965 shall be revived by this Act.
In any action for damages under this subsection the court may, in its
discretion, award reasonable fees to the prevailing defendant upon a finding
that the
plaintiff acted in bad faith, vexatiously, wantonly or for oppressive reasons.
(3) Upon a finding that any domestic or foreign corporation
organized or operating under the laws of this State has been engaged in
conduct prohibited by Section 3 of this Act, or the terms of any
injunction issued under this Act, a circuit court may, upon petition of
the Attorney General, order the revocation, forfeiture or suspension of
the charter, franchise, certificate of authority or privileges of any
corporation operating under the laws of this State, or the dissolution
of any such corporation.
(4) In lieu of any criminal penalty otherwise prescribed for a violation of
this Act, and in addition to any action under this Act or any Federal
antitrust law,
the Attorney General may bring an action in the name and on behalf of
the people of the State against any person, trustee, director, manager
or other officer or agent of a corporation, or against a corporation,
domestic or foreign, to recover a penalty not to exceed $1,000,000 from every
corporation or $100,000 from every other
person for any act herein declared illegal. The action must
be brought within 4 years after the commission of the act upon which it
is based. Nothing in this subsection shall impair the right of any person
to bring an action under subsection (2) of this Section.

(Source: P.A. 96-751, eff. 1-1-10.)
 
(740 ILCS 10/7.1) (from Ch. 38, par. 60-7.1)
Sec. 7.1.


Personal service of any process in an action under this Act may be made
upon any person outside the State if such person has engaged in conduct in
violation of this Act in this State. Such persons shall be deemed to have
thereby submitted themselves to the jurisdiction of the courts of this
State within the meaning of this Section.

(Source: P.A. 76-208.)
 
(740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)
Sec. 7.2. (1) Whenever it appears to the Attorney General that any person has
engaged in, is engaging in, or is about to engage in any act or practice
prohibited by this Act, or that any person has assisted or participated
in any agreement or combination of the nature described herein, he may,
in his discretion, conduct an investigation as he deems necessary in
connection with the matter and has the authority prior to the
commencement of any civil or criminal action as provided for in the Act
to subpoena witnesses, and pursuant to a subpoena (i) compel their
attendance for the purpose of examining them under oath, (ii) require the
production of any books, documents, records, writings or tangible things
hereafter referred to as "documentary material" which
the Attorney General deems relevant or material to his investigation,
for inspection, reproducing or copying under such terms and conditions
as hereafter set forth, (iii) require written answers under oath to written
interrogatories, or (iv) require compliance with a combination of the
foregoing. Any subpoena issued by the Attorney General
shall contain the following information:
The Attorney General is hereby authorized, and may so elect, to
require the production, pursuant to this section, of documentary
material or interrogatory answers prior to the taking of any testimony of
the person subpoenaed. Said documentary material shall be made available for
inspection and copying during normal business hours at the principal
place of business of the person served, or at such other time and place,
as may be agreed upon by the person served and the Attorney General.
When documentary material is demanded by subpoena, said subpoena shall
not:
(2) The production of documentary material in response to a subpoena served
pursuant to this Section shall be made under a sworn certificate, in such
form as the subpoena designates, by the person, if a natural person, to
whom the demand is directed or, if not a natural person, by a person or
persons having knowledge of the facts and circumstances relating to such
production, to the effect that all of the documentary material required
by the demand and in the possession, custody, or control of the person to
whom the demand is directed has been produced and made available to the
custodian. Answers to interrogatories shall be accompanied by a statement
under oath attesting to the accuracy of the answers.
While in the possession of the Attorney General and under such reasonable
terms and conditions as the Attorney General shall prescribe: (A) documentary
material shall be available for examination by the person who produced such
material or by any duly authorized representative of such person, (B)
transcript of oral testimony shall be available for examination by the person
who produced such testimony, or his or her counsel and (C) answers to
interrogatories shall be available for examination by the person who swore to
their accuracy.
Except as otherwise provided in this Section, no documentary material,
transcripts of oral testimony, or answers to interrogatories, or copies thereof, in the possession of the
Attorney General shall be available for examination by any individual other
than an authorized employee of the Attorney General or other law enforcement
officials, federal, State, or local, without the consent of the person who produced
such material, transcripts, or interrogatory answers.
For purposes of this Section, all documentary materials, transcripts of oral testimony, or answers to interrogatories obtained by the Attorney General from other law enforcement officials shall be treated as if produced pursuant to a subpoena served pursuant to this Section for purposes of maintaining the confidentiality of such information.
(3) No person shall, with intent to avoid, evade, prevent, or obstruct
compliance in whole or in part by any person with any duly served subpoena
of the Attorney General under this Act, knowingly remove from any place,
conceal, withhold, destroy, mutilate, alter, or by any other means falsify
any documentary material that is the subject of such subpoena. A violation
of this subsection is a Class A misdemeanor. The Attorney General, with
such assistance as he may from time to time require of the State's Attorneys
in the several counties, shall investigate suspected violations of this
subsection and shall commence and try all prosecutions under this subsection.

(Source: P.A. 96-751, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
(740 ILCS 10/7.3) (from Ch. 38, par. 60-7.3)
Sec. 7.3.

Service of a subpoena of the Attorney General as provided herein
may be made by (a) Delivery of a duly executed copy thereof to the person
served, or if a person is not a natural person, to the principal place of
business of the person to be served, or (b) Mailing by certified mail, return
receipt requested, a duly executed copy thereof addressed to the person to be
served at his principal place of business in this State, or, if said person has
no place of business in the State, to his principal office.

(Source: P.A. 76-208.)
 
(740 ILCS 10/7.4) (from Ch. 38, par. 60-7.4)
Sec. 7.4.

The examination of all witnesses under this section shall be
conducted by the Attorney General or by an assistant attorney general
designated by him before an officer authorized to administer oaths in
this State. The testimony shall be taken stenographically or by a sound
recording device and shall be transcribed.
The Attorney General or his designated assistant conducting the examination
shall exclude from the place where the examination is held all persons except
the person being examined, his counsel, the officer before whom the testimony
is to be taken, and any stenographer taking such testimony. Any person
compelled to appear under a demand for oral testimony pursuant to this Act
may be accompanied, represented, and advised by counsel. The examination
shall be conducted in a manner consistent with the Illinois Civil Practice
Law and Illinois Supreme Court Rules. If such person refuses to answer
any question, the Attorney General or his designated assistant conducting
the examination may petition the Circuit Court pursuant to Section
7.6 of this Act for an order compelling such person to answer such question.

(Source: P.A. 83-1539.)
 
(740 ILCS 10/7.5) (from Ch. 38, par. 60-7.5)
Sec. 7.5.
Fees for witnesses; document production.
(1) All persons served with a subpoena by the Attorney
General under this
Act shall be paid the same fees and mileage as paid witnesses in the courts
of this State.
(2) Where a subpoena requires the production of documentary material, the
respondent shall produce the original of such documentary material, provided,
however, that the Attorney General may agree that copies may be substituted, in
which case the respondent shall have copies made and produced at the
respondent's expense.

(Source: P.A. 93-351, eff. 1-1-04.)
 
(740 ILCS 10/7.6) (from Ch. 38, par. 60-7.6)
Sec. 7.6.

In the event a witness served with a subpoena by the Attorney
General
under this Act fails or refuses to obey same or produce documentary
material or interrogatory answers as provided herein, or to give testimony,
relevant or material, to
the investigation being conducted, the Attorney General may petition the
Circuit Court of Sangamon or Cook County, or the county wherein the witness
resides for an order requiring said witness to attend and testify or
produce the documentary material or interrogatory answers demanded.
The court's order shall require the witness to attend and testify or produce
the documentary material or interrogatory answers, or a combination thereof, by
a specified date, and shall further provide a date thereafter on which the
witness shall show cause in court why he or she should not be held in
contempt of
court if he or she fails to comply. The Attorney General shall cause the
order to be
served upon the witness in the manner provided for service of subpoenas in
Section 7.3 of this Act. Service of the order shall constitute service of
process, and no other form of process is necessary to submit the witness to
the jurisdiction of the court and to require compliance with the court order.

(Source: P.A. 93-351, eff. 1-1-04.)
 
(740 ILCS 10/7.7) (from Ch. 38, par. 60-7.7)
Sec. 7.7.

In any investigation brought by the Attorney General pursuant to
this
Act, no individual shall be excused from attending, testifying or
producing documentary material, objects or tangible things in obedience
to a subpoena or under order of the court on the ground that the
testimony or evidence required of him or her may tend to incriminate him or
subject him to any penalty. No individual shall be criminally prosecuted
or subjected to any criminal penalty for or on account of (a)
any testimony or interrogatory answers given by him or her, or (b) any
documentary material produced by him or her, as to which he or she would
otherwise have a right not to give or produce by virtue of his or her right
against self-incrimination, in any investigation
brought by the Attorney
General pursuant to this Act; provided no individual so giving testimony or
answers or so producing documentary material shall
be exempt from prosecution or punishment for perjury committed in so
testifying, answering, or producing.

(Source: P.A. 93-351, eff. 1-1-04.)
 
(740 ILCS 10/7.8) (from Ch. 38, par. 60-7.8)
Sec. 7.8.


The Attorney General may bring an action on behalf of this State,
counties, municipalities, townships and other political subdivisions
organized under the authority of this State in Federal Court to recover
damages provided for under any comparable provision of Federal law;
provided, however, this shall not impair the authority of any such county,
municipality, township or political subdivision to bring such action on its
own behalf nor impair its authority to engage its own counsel in connection
therewith.

(Source: P.A. 76-208.)
 
(740 ILCS 10/7.9) (from Ch. 38, par. 60-7.9)
Sec. 7.9.


No action under this Act shall be barred on the grounds that the
activities or conduct complained of in any way affects or involves
interstate or foreign commerce.

(Source: P.A. 76-208.)
 
(740 ILCS 10/8) (from Ch. 38, par. 60-8)
Sec. 8.

A final judgment or order rendered in any civil or criminal
proceeding brought by the Attorney General under this Act to the effect
that a defendant has violated this Act shall be prima facie evidence
against such defendant in any action for damages brought by any other party
against such defendant under subsection (2) of Section 7 of this Act, as
to all matters respecting which said judgment or order would be an
estoppel as between the parties thereto: Provided, that this Section shall
not apply to civil consent judgments or orders entered before any
testimony has been taken.

(Source: P.A. 79-1365.)
 
(740 ILCS 10/9) (from Ch. 38, par. 60-9)
Sec. 9.

No contract, combination, conspiracy, or other act which violates
this Act shall constitute or be deemed a conspiracy at common law.

(Source: Laws 1965, p. 1943.)
 
(740 ILCS 10/11) (from Ch. 38, par. 60-11)
Sec. 11.

When the wording of this Act is identical or similar to that
of a federal antitrust law, the courts of this State shall use the construction
of the federal law by the federal courts as a guide in construing this Act.
However, this Act shall not be construed to restrict the exercise by units
of local government or school districts of powers granted, either expressly
or by necessary implication, by Illinois statute or the Illinois Constitution.

(Source: P.A. 83-929.)
 
(740 ILCS 10/12)
Sec. 12.
Jury Trial.
In the trial of all actions brought under this Act
for the imposition of criminal sanctions or the recovery of civil penalties or
damages, any party, upon timely demand, shall be entitled to a trial by
jury.

(Source: P.A. 93-351, eff. 1-1-04.)

Structure Illinois Compiled Statutes